Deck 11: Public Administration and Democratic Constitutionalism

Question 1

Using the concepts developed in this chapter, discuss the Supreme Court's ruling in Grutter v. Bollinger and in Gratz v. Bollinger using the following questions to guide your discussion. Did the court come to seemingly different conclusions for similar causes? Do you agree with the court's decision in each case? Defend your position.

Answer 1

Not Answered

Question 2

Why should public administrators understand the Constitution? What are four aspects of this relationship emphasized in the chapter? Explain.

Answer 2

Not Answered

Question 3

If you were Phillips in AFGE v. Phillips, what would you do? Why? How would your action solve the problem of achieving administrative economy within the framework of the constitutional separation of powers?

Answer 3

Not Answered

Question 4

What constitutional hurdles do you think the NPM approach will have to overcome in its push toward deregulation and third-party government?

Question 5

You may have noticed over the course of reading this chapter that some court decisions seemed to defy commonsense. Discuss a decision from a case in this chapter that seemed to defy logic, or at least a decision with which you disagreed. Explain some possible reasons why your viewpoints differ from those of the judge(s).

Question 6

Gratz v. Bollinger shows that race and ethnicity can be taken into account in admitting students to state universities

A) for entire suspect classes
B) in the context of individualized consideration of each applicant
C)in a manner that is administratively most efficient for the university
D)none of the above

Question 7

The Parrish v. Civil Service Commission case stands for the principle that

A) public administrative authority must be obeyed
B) public administrators have a right to disobey when they are asked to do something that violates their consciences
C)public administrators have to consult an agency lawyer before refusing to obey an order
D)none of the above

Question 8

According to Dwight Waldo, the tension between public administration and democracy

A) cannot be resolved at all
B) can be resolved but only on a temporary basis
C)is nonexistent
D)can be fully resolved

Question 9

Which of the following terms is found in the Constitution?

A) three-tier test
B) underinclusiveness
C)compelling state interest
D)none of the above

Question 10

The case of AFGE v. Phillips shows that

A) the separation of powers can make public administration difficult
B) the President has the greatest control over federal administrators
C)labor unions control the actions of administrative agencies
D)Congress and the President are likely to disagree with the courts on matters of public administration

Question 11

Public administrators should be aware of constitutional law and constitutional values because

A) they take an oath to support the Constitution
B) public administration in the United States cannot be successful if it violates constitutional values
C)they may be found liable for their actions
D)all of the above

Question 12

Which of the following is generally found by the courts to be a compelling state interest?

A) efficiency
B) economy
C)administrative convenience
D)none of the above

Question 13

One problem with the regulation in the case of West Virginia Board of Education v. Barnette was that

A) it discriminated against persons believing in God
B) it was intended to force Jehovah's Witnesses out of the public schools
C)it compelled an expression of faith in the United States
D)none of the above

Question 14

As compared to traditional public administrative approaches, constitutional values favor

A) uniformity
B) clear lines of authority
C)command
D)diversity

Question 15

The Ninth Amendment most closely stands for the proposition that

A) people have rights
B) states have sovereignty
C)the government is restrained only by explicit constitutional restrictions
D)all of the above

Question 16

Suspect classifications are best described as

A) always unconstitutional
B) constitutional if supported by a rational basis
C)constitutional if they serve a compelling governmental interest
D)always constitutional

Question 17

Constitutional law is best thought of as

A) completely explicit in the Constitution
B) completely explicit in the Constitution and existing judicial precedents
C)inherent in constitutional values and the logic of the Constitution
D)an inappropriate basis for public administration in the United States

Question 18

Procedural due process is best thought of as

A) a hearing
B) equal protection
C)protection against arbitrary or capricious administrative decisions
D)cross?examination

Question 19

New property is best thought of as

A) a property interest
B) a concept developed and defended by Justice Black
C)not afforded any constitutional protection
D)subject to seizure without due process

Question 20

Which one of the following terms is not found in the Constitution?

A) due process
B) equal protection
C)equity
D)all are in the Constitution

Question 21

Which of the following is most likely to be found a "suspect classification"?

A) race
B) gender
C)age
D)geographic residence

Question 22

Harley v. Schuylkill County (1979) best stands for which of the following principles?

A) strict subordination within administrative hierarchies
B) public administrators have constitutional right to disobey unconstitutional orders
C)prisoners have limited rights
D)the courts are reluctant to declare new constitutional rights

Question 23

According to the chapter, for the most part judges and constitutional scholars believe that the framers' intent is

A) irrelevant to deciding contemporary cases
B) relevant to deciding contemporary cases
C)binding in deciding contemporary cases
D)immaterial to deciding contemporary cases

Question 24

Constitutional theory views constitutional rights from a

A) contractarian perspective
B) utilitarian perspective
C)authoritarian perspective
D)none of the above

Question 25

Which of the following is most closely associated with procedural due process?

A) chilling effect
B) least restrictive alternative
C)narrow tailoring
D)none are associated with it

Question 26

The Constitution promotes the principle that governmental legitimacy is derived from

A) representation
B) consent of the governed
C)the separation of powers
D)accountability

Question 27

An example of a natural right is

A) freedom
B) equal protection
C)due process
D)privacy

Question 28

Goldberg v. Kelley (1970) is important because it established that

A) governmental largess was a form of property and was afforded constitutional protection
B) regulatory takings required just compensation from the government
C)a "new partnership" would develop between the judiciary and public administration
D)private parties were subject to constitutional constraints if they were engaged in state action

Question 29

The New Public Management holds that legitimacy in public administrative action will be achieved by enhancing

A) accountability
B) ethics
C)performance
D)due process

Question 30

Which of the following are never subject to constitutional constraints?

A) government contractors
B) performance-based organizations
C)government corporations
D)all are subject to constitutional constraints

Question 31

The case of Craig v. Boren accepted the idea that gender can be a proxy for tendencies toward driving while intoxicated (DWI).

Question 32

Freedom and liberty are natural rights that constitutionally cannot be infringed upon by the government.

Question 33

Narrow tailoring requires that a classification is tightly related to the problem which government is attempting to remedy.

Question 34

A chilling effect involves a regulation that reduces the likelihood that an individual will exercise a constitutional right.

Question 35

The framers sought to harness public administration in the confines of procedural due process.

Question 36

By saying that the separation of powers "collapses" into the administrative branch, it is meant that public administrators exercise legislative, executive, and judicial functions.

Question 37

The Constitution's Article IV establishes the ground rules for administration of the government's fourth branch.

Question 38

Utilitarian and contractarian bases for rights yield identical results.

Question 39

According to the chapter, most judges adhere strictly to the framers' original intent.

Question 40

Under constitutional interpretation, an individual's privacy rights flow from the Second Amendment.

Question 41

James Madison advocated the collapsing of powers in the executive branch.

Question 42

The traditional managerial perspective favors uniformity in a great deal of administrative contexts.

Question 43

With the exception of the Thirteenth Amendment, the Constitution does not ordinarily apply to relationships among private parties.

Question 44

The New Public Management has a very strong orientation toward individual rights and due process.

Question 45

Dolan v. City of Tigard was a landmark case that strengthened privacy rights.